43.035 Commonwealth Office of the Ombudsman -- Duties -- Expenses charged to
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/ky/43-035A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
entity under review.
(1)The Commonwealth Office of the Ombudsman is hereby created as an office within
the Auditor of Public Accounts. The Auditor shall appoint an executive director of
the Commonwealth Office of the Ombudsman, who shall serve as the ombudsman
and be responsible for overseeing the operations of the office.
(2)The Commonwealth Office of the Ombudsman shall:
(a)Investigate, upon complaint or on its own initiative, any administrative act or
inaction of an organizational unit, employee, or contractor of the Cabinet for
Health and Family Services without regard to the finality of the administrative
act or inaction. Organizational units, employees, or contractors of the Cabinet
for Health and Family Services shall not willfully obstruct an investigation,
restrict access to records or personnel, or retaliate against a complainant or
cabinet employee;
(b)Make recommendations that resolve citizen complaints about the Cabinet for
Health and Family Services and improve the cabinet's performance and may
require corrective action when policy violations are identified;
(c)Provide evaluation and information analysis of the Cabinet for Health and
Family Service's performance and compliance with state and federal law;
(d)Place an emphasis on research and best practices, program accountability,
quality service delivery, and improved performance of the Cabinet for Health
and Family Services;
(e)Provide information on how to contact the office in poster, brochure,
pamphlet, or other format to the Cabinet for Health and Family Services,
which shall print and publicly post or otherwise make the information
available at all offices where Department for Community Based Services of
the Cabinet for Health and Family Services employees or contractors work, at
any facility where a child in the custody of the cabinet resides, and to all
cabinet or contracted foster parents in a manner approved by the ombudsman;
(f)Report to the Cabinet for Health and Family Services, Office of Inspector
General for review and investigation:
1. Any charge or case against an employee of the Cabinet for Health and
Family Services where it has cause to believe the employee has engaged
in dishonest, unethical, or illegal conduct or practices related to his or
her job duties; or
2. A violation of state law or administrative regulation by any organization
or individual regulated by or contracted with the cabinet;
(g)Compile a report of all citizen complaints about programs or services of the
Cabinet for Health and Family Services and a summary of resolution of the
complaints and submit the report upon request to the Interim Joint Committee
on Health Services and the Interim Joint Committee on Families and
Children;
(h)Provide information to the Office of the Attorney General, when requested,
related to substantiated violations of state law against an employee or
contractor of the Cabinet for Health and Family Services or a foster or
adoptive parent;
(i)Notwithstanding any other provision of law, maintain confidentiality except
when disclosures may be advisable in the ombudsman's judgment to enable
the office to carry out its duties and to support recommendations; and
(j)Promulgate administrative regulations in accordance with KRS Chapter 13A
necessary to perform its duties as specified in this chapter.
(3)Any expense incurred by the Commonwealth Office of the Ombudsman for
discretionary investigations, reviews, evaluations, information analysis, or other
work performed under this section at the direction of the ombudsman shall be
charged to the entity that is the subject of that work at the same rate as established
by the Auditor for audit work done pursuant to KRS 43.050. The Commonwealth
Office of the Ombudsman shall maintain records of all time and expenses for such
work.